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HomeMy WebLinkAboutOrdinance 999ORDINANCE NO. 999 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, AND PERTAINING TO OTHER NUISANCE CHARACTERISTICS The City Council of the City of Columbia Heights does ordain: Section 1: Section 9.117(9) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which reads as follows, to-wit: "9.117(9) Other Nuisance Characteristics No noise, odors, vibration, smoke, air pollution or dangerous wastes shall be created that are offensive or dangerous to the public health and safety. The following are hereby established as the governing limits in the determination of offensive nuisance characteristics: (~) Noise i) Maximum governing noise limitations measured at property line: , OCTAVE BANDS CENTERED ON SOUND LEVELS IN DECIBELS Residential District Non-Residential 63 H ~ 59 70 125 H g 54 66 250 H g 50 62 500 H g 45 59 1000 H g 40 55 2000 H g 36 51 4000 H M 33 48 8000 H g 33 48 ii) References The following documents shall govern definitions, methods and other matters relating to sound and noise; said documents, copies of which are on file in the office of the City Clerk, are herein incorporated by reference and made a part hereof: American National Standards Institute ANSI ANSI ANSI ANSI ANSI Sl.1 Acoustic terminology S1.4 Specifications of general purpose sound level meters S1.5 Preferred frequencies for acoustical measurements S1.8 Reference quantities for acoustical levels Sl.13 Methods for measurement of sound pressure levels 2) Environmental Protection A~ency EPA Levels Document - Sound levels requisite to protect the public health and welfare in the environment. 3) International Standard Organization ISO/R 1999 - 1966 iii) Acoustics - assessment of noise exposure during work for hearing conservation purposes. As a method of screening for probable non-compliance the following levels are established as primary levels, the exceeding of which shall be cited as in violation of this Ordinance, and requiring abatement: During the hours of 7:00 A.M. and 10:00 P.M. Zone Average Sound Level Residential $5 dBA Commercial 65 dBA Industrial 75 dBA At all other times: Residential 45 dBA Commercial 50 dBA Industrial 70 dBA Ail measurements to be made at the lot line with an ANSI S1.4 Type 2 meter or better, set for slow damping and a-weighted response and used according to ANSI standard S1.13 methods. iv) If the sound measured is impulsive, staccato, or contains prominent pure tones, as defined and measured according to ANSI Standards and the EPA levels document, the levels of (c) above shall be lowered in all cases by 5 decibels, a-weighted, and those of (a) above, by $ decibels in each octave band. (b) Odors: (Measured at the property line) Table 111 (Odor Thresholds) in Chapter 5, "Air Pollution Manual" copy-right 1951 by Manufacturin~ Chemists Association, Inc. Washington D.C. Vibration: Any vibration discernable to the human sense of feeling for three (3) minutes or more duration in any one hour and any vibration producing an acceleration of more than 0.1g., or shall result in any combination of amplitudes and frequencies beyond the "safe" range of Table 7, U.S. Bureau of Mines, Bulletin "Quarry Blasting" on any structure. (~) Smoke: Any emission of visible smoke of a shade equal to or greater than No. 2 on the Ringlemann Smoke Chart, as published by the U.S. Bureau of Mines, except that visible grey smoke of a shade darker than No. 2 on said chart may be emitted for not more than two minutes in any 30 minute period. 9..1.17 (e) Air Pollution: (Fly ash, dust, fumes, vapors, gasses, etc.) No e~ission which can cause any damage to health, animals, or vegetation or other forms of property or which can cause any excessive soiling at any point, and in no event any emission of any solid or liquid particles in concentrations exceeding 0.85 lbs. per 1,000 lbs. of gasses shall be permitted. Measure- ment to be made at any convenient point along the stack. In the case of fuel burning equipment an adjustment of the gasses to 12 percent C02 content will be made. In no case shall more than 15 percent of the total dust measured before entering the dust col- lecting device be emitted into the atmosphere." is herewith amended to read as follows: Other Nuisance Characteristics No noise, odors, vibration, smoke, air pollution or dangerous wastes shall be created that are offensive or dangerous to the public health and safety. The following are hereby established as the governing limits in the determination of offensive nuisance characteristics: (a) Noise (1) Definitions i) General Words and phrases defined in this section have, when used in this ordinance, the meanings given below. Any other word or phrase used in this ordinance, and defined in regulations of the Minnesota Pollution Control Agency Noise Pollution Control Section, NPC-1 and NPC-4, has the meaning given in those regulations. Air circulation device means a mechanism designed and used for the controlled flow of air used in ventilation, cooling, or conditioning, including, but not limited to, central and window air conditioning units. iii) L10 means the sound level, expressed in decibels (dBA) which is exceeded 10 percent of the time for a one-hour period, as measured by a sound level meter having characteristics as specified in the latest standards, S1.4, of the American National Standards Institute. L50 means the sound level similarly expressed and measured which is exceeded 50 percent of the time for a one-hour period. v) Person means an individual, firm, partnership, corporation, trustee, 'association, the state and its agencies and subdivisions, or any body of persons whether incorporated or not. With respect to acts prohibited or required herein, "person" shall include employees and licensees. vi) Stationary means not moving. (2) Maximum Noise Levels at Point of Reception No person shall operate or cause or permit to be operated, any source of noise as to create a noise level exceeding the limit specified below for the receiving zoning district category when measured at or within the property line of the receiving land use. Zoning Districts Day Night (7:00 a.m. - 10:00 p.m.) (10:00 p.m. - 7:00 a.m.) LIO L50 LiO L50 Residential 65 60 55 50 Commercial 70 65 70 65 Industrial 80 75 80 75 (3) Maximum Noise Levels for Stationary Sources of Noise No person shall operate or cause to be operated any of the following enumerated stationary sources of noise in excess of the limits specified below when measured at the property line of the property upon which the source of noise is located: Air Circulation Devices Day (7:00 a.m. - 10:00 p.m.) Night (10:00 p.m. - 7:00 a.m.) Zoning Districts Residential 60 50 Commercial 65 65 Industrial 75 75 (4) Measurement Procedure All noise measurements to be made with an ANSI S1.4 Type 2 ~eter or better, set for slow damping and a-weighted response and used according to ANSI standard S1.13 methods. (b) Odors: (Measured at the property line) Table 111 (Odor Thresholds) in Chapter 5, "Air Pollution Manual" copy-right 1951 by Manufacturing ; Chemists Association, Inc. Washington D.C. (c) Vibration: Any vibration discernable to the human sense of feeling for three (3) minutes or more duration in any one hour and any vibration producing an acceleration of more than 0.1g., or shall result in any combination of amplitudes and frequencies beyond the "safe" range of Table 7, U.S. Bureau of Mines, Bulletin "Quarry Blasting" on any structure. (d) Smoke: Any emission of visible smoke of a shade equal to or greater than No. 2 on the Ringlemann Smoke Chart, as published by the U.S. Bureau of Mines, except that visible grey smoke of a shade darker than No. 2 on said chart may be emitted for not more than two minutes in any 30 minute period. (e) Air Pollution: (Fly ash, dust, fumes, vapors, gasses, etc.) No emission which can cause any damage to health, animals, or vegetation or other forms of property or which can cause any excessive soiling at any point, and in no event any emission of any solid or liquid particles in concentrations exceeding 0.85 lbs. per 1,000 lbs. of gasses shall be permitted. Measure- ment to be made at any convenient point along the stack. In the case of fuel burning equipment an adjustment of the gasses to 12 percent C02 content will be made. In no case shall more than 15 percent of the total dust measured before entering the dust collecting device be emitted into the atmosphere. Section 2: This ordinance shall be in full fOrce and effect from and after thirty (30) days after its passage. First reading: Second reading: Date of passage: May 10, 1982 May 24, 1982 May 24, 1982 Offered by: Norberg Seconded by: Hov]and Roll call: AIl ayes Bruce G awroc i, ayor -Anne Student, Secret~C~-r~y to the Council